In re Adoption of J.M.S.
Annotate this CaseFather and Mother conceived a child together in Pennsylvania. Due to their age difference, the sexual relationship between Mother and Father was prohibited by Pennsylvania criminal law. Mother placed the child for adoption in Utah. After Father became aware of the adoptive parents’ adoption petition he filed a motion to intervene in the Utah adoption proceedings. The district court denied the motion to intervene, citing Utah Code 78B-6-111, which forbids a biological father from challenging an adoption when his child was conceived as a result of conduct that “would constitute any sexual offense” described in the Utah Criminal Code. The Supreme Court reversed, holding that section 78B-6-111 does not apply in this case because the statute does not apply to sexual conduct lacking any jurisdiction nexus in Utah.
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